H-1B Dismissed — Unspecified (2023): the AAO dismissed the combined motion to reopen and

Decision Summary

The AAO dismissed the combined motion to reopen and reconsider because the petitioner failed to meet the legal standards for either type of motion. The motion to reopen lacked new facts, and the motion to reconsider failed to demonstrate an incorrect application of law. Furthermore, a key issue was that the petitioner's original motion was filed untimeliness (249 days late), and the argument for extending the deadline due to COVID-19 flexibilities was found to be invalid for their situation.

Criteria Discussed

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